POLICY FORMULATION FOR THE INITIATIVE RIGHT OF PEOPLE S REPRESENTATIVE COUNCILOF SOUTH SULAWESI

Transcription

1 I J A B E R, Vol. 13, No. 4, (2015): POLICY FORMULATION FOR THE INITIATIVE RIGHT OF PEOPLE S REPRESENTATIVE COUNCILOF SOUTH SULAWESI Haris Yasin Limpo *, Haedar Akib * and Gufran Darma Dirawan * Abstract: This research aims to examine the initiative right of the Regional People s Representative Council (Dewan Perwakilan Rakyat Daerah or DPRD) South Sulawesi Province along with the resulted policy product that may implemented by the govenment. The empirical facts for the use of rights of the initiative is intended have been conceptualized to seek if the implementation of the role of the gavenmnet is exixted. The research is using the qualitative methods by focussing from the Government regulation to pursue the community wealthseveral government bodies and the the Regional People s Representative Council (Dewan Perwakilan Rakyat Daerah/DPRD) South Sulawesi Province has been request for information and also it has been analysed some regulation which formulated by the Regional People s Representative Council (Dewan Perwakilan Rakyat Daerah/DPRD) South Sulawesi Province The result of this has been determine the use of the right of initiative in DPRD in South Sulawesi province is anti-cycle. The continuity of the process is also becoming a concern in this research including categories of the resulted policy through the use of the right of initiative in DPRD in South Sulawesi province that is anti-cycle. Data were collected through observation, interviews and document study. INTRODUCTION Indonesia is a democracy country which follows the system of people representation in the implementation of its governance. In this representation system, each citizen has the right to participate in any public policy formulation. In fact, community engagement in policy formulation is conducted by involving the public in the process planning and implemetantion of program that has been determining by people representatives independently. The process of people representative inisiative is believed asa distributiomof public aspirations in the government through general elections. Huntington (1995: 4) explained it through his thesis by saying; democracy as the source of authority for the government and the purpose of the authority is served people.specifically, the involvement of the public in the policy formulation is realized through its representatives. In context of Indonesia, the representatives consist of People s Representative Council or DPRD. * Public Administration Post Graduate Programs, Makassar State University, harisyl888@yahoo.com, and gufrandarma@yahoo.com

2 1782 Haris Yasin Limpo, Haedar Akib and Gufran Darma Dirawan In the substance of the constitution number 32 in 2004 that concerning Regional Governments, the DPRD play domain role of local democracy implementation based on Pancasila as the basic of Indonesia constitutions.this statement has undergone a shift power in this reform era. Moreover, this change of shifting power occurs both in the legislative roles and the executive functions. Therefore, the practice of democracy as a system, shows public policy is efficiently determined on the basis of a majority of representatives supervised by DPRD as public representative in their periodic elections, based on the principle of political equality, and it is held in an atmosphere of political freedom (Mayo, 1960: 70). The Position DPRD as mandated by people is stated clearly on the constitution, number 32 in 2004 implies equality between regional heads and DPRD. There is no domination between them in terms of socially and politically. The equality role aslso can be translated that DPRD is one of the institutions that represent all community levels in the system of governance. However, in carrying out its roles and its function as the representatives of the people the DPRD has not been able to run its role optimally in fighting for the interests of the people of the area through its policy. Factual problems of the policy process in the regional legislation are derived from the function and role that are not optimal. The policies that have been established by the local government are still not in favor of the interests of the community optimally. They are not in accordance with the aspirations of the community. RESEARCH METHODS This research is a qualitative descriptive with phenomenological approach, which is this research beginning on 14 May 2014 to 15 July 2014in city of Makassar. Focus of this research is the Initiative Programs of People Representative (DPRD) City of Makassar. There are several informants namely, Head of Planning Agency (BAPPEDA), Head social culture Secretary of people representative (DPRD) and The member of People Representative community leaders and NGOs. Data were obtained through interviews, observation, and documentation is then performed transcripts, categorized, sorted and grouped within their focus research problems. The final stage is to draw conclusions and recommendations also prepared in accordance with the findings in this study. The focus of this study, explain and describe the role of people representative in order to collaboration by stakeholders (government, public and private sector) in the process of regional development planning in City of Makassar regency.this research was descriptive qualitative. This study found out a wide range of data on the use of rights of the initiative in DPRD South Sulawesi province along with the resulted policy product. Data were obtained from key informants consisting of one head of DPRD, three Vice Chairman of DPRD, twenty-four members of DPRD, one secretary of DPRD, one head of court division and one head of Law and Regulation.

3 Policy Formulation for the Initiative Right of People s Representative Council The indicators are described as follows; 1. Collaborative Culture, based on: 1) Equal access of expression, 2) believed to represent the community, 3) The mutual trust among stakeholders, 4) Chick regularity in the discussion forum. 2. Collaborative Leadership, characterized by: 1) The ability to formulate a shared vision, 2) ability to instill a sense of togetherness, 3) ability to actualize the potential of available resources, 4) Ability to communicate with staff, 5) The involvement of staff in decision-making, and 6) The ability to mobilize stakeholders to be involved in the achievement of common goals. 3. Strategic vision collaborative, characterized by: 1) Refers to the interests of stakeholders, 2) Inspire actors to work more productively, and 3) The coordination and cooperation of stakeholders in addressing the problems and achieve common goals. 4. Team processes collaborative, demonstrated through: 1) The members have the knowledge and insight, 2) members can carry out duties in accordance with the role, 3) members are able to negotiate to solve the problem. 5. Collaboration structure, indicated by the presence of: 1) Delegation of authority and responsibility, and 2) The series of tasks and functions in information systems and human resources. Figure: Framework Conseptual

4 1784 Haris Yasin Limpo, Haedar Akib and Gufran Darma Dirawan RESULTS Alisson (2000: 221) states that public policy is the result of competition from various entities or departments that exist in a country with government institutions as the main actor that is bound by the context, the roles, the interests and the organizational capacity. Likewise, Eastone (1953: 66) asserts that public policy is the authoritative allocation of values for the whole community. However, only the government can do it authoritatively for the entire community. In addition, all things chosen by the government to do or not to do are the results of the allocation of those values. The process is started when policy makers began to realize that there is a problem with a situation. It is a situation that is perceived by the difficulty or disappointment in the formulation of needs, values, and opportunities. Mazmanian and Sabatier (1989: 21) argue that the policy analysis methodology combines five common procedures which are commonly used in the human problem-solving, namely definition, prediction, prescription, description, and evaluation. In the analysis of policies, procedures the distinctive names as follow: a. Formulation of the problem (definition) produces information about the conditions that give rise to policy issues. b. Prediction provides information on the consequences for the future of the application of policy alternatives. c. Recommendations (prescriptions) provides information on the relative value or usability of the future consequences of a problem-solving. d. Monitoring (description) produces information about the consequences of the present and the past of the implementing alternative policy. e. Evaluation provides information about the value or usefulness of the consequences of solving or coping. Indication of anti cycle in the policy formulation of the right of initiative in DPRD South Sulawesi The 1945 constitution article 20 paragraph (1), the results of the amendments I and the results of the amendments II give power to DPR to form the legislation. Based on the 1945 constitution article 21 paragraph (1), members of DPR have the right submitting proposal of legislation draft. Then it is called the right of the initiative. This right is also owned by Regional People s Representative Council. DPRD holds the power to form the local regulation, and the members of DPRD reserves the right to propose the regional regulation draft. In its implementation, the regional regulation draft of DPRD is regulated further by Rules of conduct of DPRD in each region. The concept of cycle theory introduces a number of policies of the stages in the production process of the policy. These stages have been scientifically adapted for the direction and limitation of this research. The stages consist of [1] problem identification [2] agenda determination [3] Policy formulation and [4] policy

5 Policy Formulation for the Initiative Right of People s Representative Council legitimation. The confrontation of the legality of a derivation and academic formulation of policy cycle creates anti cycle value toward the practice of the use of the right of initiative in DPRD South Sulawesi. The explanation of this statement can be described as follows. Based on the perspective of the process, the findings prove that the layout of the indications of anti-cycle, is initially indicated through the results of power interpretation of the council members as the mandate of the 1945 constitution article 20 paragraph (1), the amendment I, the amendment II and the 1945 constitution article 21, paragraph (1). The intended interpretation is contained in the document about the code of conduct of DPRD in South Sulawesi that is used as the secondary data of this research. The code of conduct in DPRD becomes a kind of practical hints to use the rights of Initiative in DPRD South Sulawesi. Thus, automatically the process of using the right of Initiative will remain. In addition, it will be increasingly anti-cycle. The next indication of anti-cycle is shown through the practice of making the regional regulation. According to the legislation, each member of DPRD has the right to propose the regional regulation draft. Hence, it then becomes the second indication of anti-cycle policy in terms of using the right of the initiative. DISCUSIION Carl Friedrich (1912) expanded the definition of public policy as a direction of the action proposed by person, group or government in a particular environment that gives the problems and opportunities of the proposed policy to use and to overcome them in order to achieve a goal or to realize a specific intent. Authority (2011: 47) featured the same description by marking the same perspective with Freidrich. Dye (1978: 114) provides his views toward public policy as anything chosen by the government to do and not to do. In a different perspective, Laswell (1971: 83) viewed that public policy is the relationship between governmental units and their surroundings. In Indonesia, Purwanto (2012: 23) in his book reveal that public policy has always been associated with the government s decisions which are very influential in the public life through policy instruments that belong to the government in the form of laws, services, fund transfer, taxes and budget. This statement is equivalent to an earlier statement advanced by Ripley (1985: 13) in his book entitled Policy Analysis in Political science. He recommends that public policy is perceived as a process, and the process must be viewed in a simple model to be able to understand a constellation so that the actors and the interactions occur in it. Based on aspects of the autonomous region in recent years, the role of local governments increasingly plays an important role in creating the conditions for the public in the area. Article 14 of the constitution No. 12 in 2011 mentions the

6 1786 Haris Yasin Limpo, Haedar Akib and Gufran Darma Dirawan charge material from local regulation containing material charge in relation to the organization of the autonomous region in helping and accommodating specific conditions of the region. Arranging local regulation is a part of the function given by legislation to DPRD to create laws based on the desires and needs of the communities in the area. It was planned carefully at the beginning of the year. In the legislation No. 12 in 2011 on the Establishment of Legislation Article 32, before preparing local regulations, DPRD and local governments make a program of local legislation planning described in Article 33. The program contains the establishment of local regulation entitled regulations draft of the Provinces, arranged material, and dependencies with other Legislation. The existence of the institutional DPRD in the autonomous region is a pretty generous political space for DPRD in carrying out its functions of DPRD optimally. One function that belongs to the DPRD in relation to the argument in fighting for the interests and aspirations of the public into a policy of the local government is the supervision function. The supervision function of DPRD is then associated with the right of initiative which means additional power. It can be used by the legislature in fighting for public issues into the policy that is specified as local government policy. The use of the right of the initiative is primarily initiated by dynamics and political characteristics of the members of the council relating to the implementation of functions of legislation, supervision, and budgeting. Kaplan (1964: 87) revealed that public policy is a set of interrelated decisions determined by a political actor or group of actors of politics in relation to the selected goals along with the ways to achieve those goals in a situation in which the decisions is basically remained within the limits of authority of the power of the actor. This statement is similar to the view of Anderson (1979: 41) about the policies developed by the agencies and government officials, in which there are some implications of the policy. 1. Public policy always has some purpose or have actions that are oriented to the objectives. 2. Public policy contains the government s actions. 3. Public policy is that the things that are really conducted by the government. It is not the things that are intended to do. 4. Public policy can be positive and negative. Positive means government action regarding everything from a particular problem. Negative means the government s decision not to do something. 5. Government policy at least in a positive sense is based on binding and forcing legislation. The definition of public policy according to the Anderson can be classified as process management, in which there are a series of work phases of public officials when the government actually acts to resolve the issue in the community. This

7 Policy Formulation for the Initiative Right of People s Representative Council definition can also be classified as a decision-making when the public policy can be positive (the Government s actions regarding the problem) or negative (the Government s decision not to do something). The Public Policy Cycle The process is started when policy makers began to realize that there is a problem with a situation. It is a situation that is perceived by the difficulty or disappointment in the formulation of needs, values, and opportunities. Mazmanian and Sabatier (1989: 21) argue that the policy analysis methodology combines five common procedures which are commonly used in the human problem-solving, namely definition, prediction, prescription, description, and evaluation. In the analysis of policies, procedures the distinctive names as follow: f. Formulation of the problem (definition) produces information about the conditions that give rise to policy issues. g. Prediction provides information on the consequences for the future of the application of policy alternatives. h. Recommendations (prescriptions) provides information on the relative value or usability of the future consequences of a problem-solving. i. Monitoring (description) produces information about the consequences of the present and the past of the implementing alternative policy. j. Evaluation provides information about the value or usefulness of the consequences of solving or coping. Rational Comprehensive Theory The most widely accepted theory of decision-making is the rational, comprehensive theory. There are some key elements of this theory as follows: 1. Decision maker faced with a specific problem that can be distinguished from other problems or at least tagged as problems that can be compared to each other. 2. The goals, values, or target guided by decision makers are very clear, and its ranking can be set according to the order of priority. 3. Various alternatives to solve problems are examined carefully. 4. Consequences (costs and benefits) that are incurred by each chosen alternative are examined. 5. Each alternative and their respective accompanying consequences can be compared to the other alternatives. 6. The decision maker will choose alternative and consequences that can maximize the achievement of objectives, values or goals that have been outlined.

8 1788 Haris Yasin Limpo, Haedar Akib and Gufran Darma Dirawan Rational comprehensive theory gets much criticism, and the sharpest criticism comes from an expert of Economics and Mathematics called Lindblom (1986: 117). Lindblom is expressly stated that that decision makers are not dealing with concrete issues that are formulated explicitly. Furthermore, the decision maker may also hard to sort out between its values and the values believed by the community. A proponent of rational models assumes that facts and values can be easily distinguished. Moreover, it can be separated, and it has never been proven in everyday reality. The Incremental Theory The incremental theory in decision-making reflects a theory of decision-making that avoids many problems that must be taken into consideration (such as in the rational comprehensive theory. At the same time, this theory is a theory that is more illustrates the decision led by government officials in making everyday decisions. Principles of incremental theory can be described as follows: 1. Selection of the goal or objective and empirical analysis of the actions required to achieve is seen as interrelated rather than as something apart from each other. 2. Decision makers only consider some alternatives that directly relate to the subject matter. These alternatives are only viewed differently by incremental or marginal if it is compared with the existing wisdom. 3. For each alternative, there are only a small number of fundamental consequences that will be evaluated. 4. The problem faced by decision-makers will be defined on a regular basis. The incremental view gives the possibility to consider and to adjust the goals, the means, and the objectives. Thus, the impact of the problem can be tackled. 5. There is no decision or resolution that is right for each issue. A good decision lies in the belief that the various analyzes will eventually agree on certain decisions even without agreed that the decision is most appropriate as a means to achieve goals. 6. Preparation of incremental decisions is intrinsically small improvements. It is more directed to improve the imperfections of concrete efforts to solve the social problems that exist right now than to provide social objectives that is entirely new in the future. Decisions are essentially the product of mutual give and take and mutual trust among the various parties involved in the decision process. In a society that has a compound structure, this excremental view is more secure politically. This view will more easily to reach an agreement if the issues debated by the various groups involved is simply an effort to modify the nature of the programs that already exist

9 Policy Formulation for the Initiative Right of People s Representative Council than if it concerns issues of wisdom about the radical changes that have a characteristic taking it all or nothing at all. The decision makers are in uncertain conditions specifically in relation to the consequences of their actions in the future. Hence, this incremental decisions will be able to reduce the risks and costs incurred by the atmosphere of uncertainty. Mixed Scanning Theory The proponent of this theory is an expert in organizational sociology named Etzioni (1967: 78). He agrees with criticism of the incremental theorists directed at rational comprehensive theory. However, he also shows a few weaknesses in the incremental theory. For example, the decisions made by the decision maker of the incremental model will represent or reflect the interests of groups that are strong and well established as well as groups that are able to organize its importance in the community. Meanwhile, the groups that are politically weak is unable to organize its interests Furthermore, incremental model tend to ignore opportunities for the need for fundamental social innovation. This model focuses on short-term goals or interests. In addition, this model is just trying to pay attention to a limited variation in current wisdom. Thus, according to Dror (1983: 71) incremental style of decision-making tends to produce inaction and to maintain the status quo so that it hinders the effort to improve the decision-making process. A scholar such as Dror, who basically is one of the leading proponents of the theory of rational, assumes that the incremental model is a strategy that is not suitable to be applied in the developing countries. In the developing countries, small changes (incremental) is not sufficient in order to achieve results in the form of massive improvements. Integrated observation models also consider the different level of decision makers. One of the measurements of DPRD performance is viewed from the function of legislation. Thus, it can be measured from how many local regulations are contextually legalized in fighting for the interests of the community, and improving the regional economic sector and this measurement does not conflict with the higher rule. Another indication of the legislative function of DPRD which is not maximal is the lack of the initiative of DPRD in proposing local regulation draft. Initiatives of local regulation generated by local authorities are mostly from the regional head with his subordinates. DPRD only participates to discuss the regional regulation proposed by the Executive and verifies this regulation. This fact proves that the function of the DPRD member is not satisfactory as seen from the authority owned by DPRD of South Sulawesi province at this time. Phenomena that occur in the execution of the function DPRD in South Sulawesi show that the function or role of DPRD has not met expectations. There are many factors that weaken the position of DPRD so that the legislature is not fully able to

10 1790 Haris Yasin Limpo, Haedar Akib and Gufran Darma Dirawan run the function. That position gives the load to DPRD to keep the balance and the harmony of the relationship between the government interests and the public interests as the political embodiment of its role. Therefore, this research proposes a research question why use of the right of initiative in DPRD province of South Sulawesi is anti cycle CONCLUSION This research examines the right of initiative in DPRD South Sulawesi Province along with the resulted policy product. The following conclusions refer to the determination of this research why processes or stages of the policy making are through the use of the right of initiative that is anti-cycle. Some of the important points in this conclusion are as follows: A. aspects of research findings 1. Derivation of legality which mandates the rights of initiative in making laws up to DPRD including DPRD in South Sulawesi is not in accordance with the formulation of the stages of the policy cycle. 2. The use of the right of initiative in practice even tends to have levels of cycle irregularities which have the higher level. B. aspects of theoretical academic The fact is abstracted as follows...anti-cycle is indicated through two perspectives. The first is the legality of the use of the right of the initiative. The second is the use of the right of initiative which is rotated as a result of strong political aggregation. References Alisson, T. Graham, (2000), The Science of Public Policy: Essential Readings in Policy Science, Volume 5, Routledge. Anderson, James E. (1979), Public Policy Making.New York: Praeger. Dye, Thomas R., (1978), Understanding public policy, Prentice Hall, Inc. Englewood Cliffs. Dror, Yehezkel, (1983), Public Policy Making Re-examined, Transaction Publishers, New Jersey. Easton, David. (1953), The Political System. New York: Knopf. Etzioni, Amitai, (1967), Mixed-Scanning:A Third Approach to Decision Making, dalam Public Administration Review XXVII. Huntington, Samuel P., (1995), Terjemah Asril Marjohan, Gelombang Demokratisasi Ketiga, Jakarta: Pustaka Utama Grafiti. Kaplan, Abraham, (1964), The Conduct of Inquiry: Methodology for Behavioral Science. Chandler Publishing. San Fransisco. Laswell, Harold, D., (1971), A Preview of Policy Science. American Elsevier Publishing Co. New York.

11 Policy Formulation for the Initiative Right of People s Representative Council Lindblom, Charles E., (1986), Proses penetapan kebijaksanaan, Penerbit Erlangga, Jakarta. Mayo, Henry B., (1960), An Introduction to Democratic Theory, New York: Oxford University Press. Mazmanian, Daniel A., dan Sabatier, Paul A., (1989), Implementation and Public Policy. University Press of America. Lanham MD. Purwanto, Erwan Agus dan Dyah Ratih Sulistyastuti, (2012), Analisis Kebijakan Publik, Gave Media, Jakarta. Ripley, R. (1985), Policy Analysis in Political Science. Nelson Hill Publishing. Chicago. Wibawa, Samudra, (1994), Kebijakan Publik: Proses dan Analisis, Intermedia, Jakarta.

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